T-1615-0150- Addendum No. 1.pdf

6 Saint Paul Street, Baltimore, MD 21202-1614 | 410.539.5000 | 1.866.RIDE.MTA | MD Relay 7-1-1 | mta.maryland.gov

TO: All Prospective Prospers

FROM: Maryland Transit Administration

SUBJECT: Addendum No. 1

T-1615-0150- Metro TC&C Room Power Distribution

DATE: September 9, 2026

Addendum No. 1 is thirty-six (36) pages and includes the following:

ITEM No. 1 ---Provides a new BID DUE DATE:

All Bids must be received via eMaryland Marketplace no later 2 P.M. local time, Monday, Septemer 28, 2026 to be considered. This date amends the due date and time indicated on the

Key Information Summary Sheet.

ITEM No. 2---Provides an updated “FEDERAL TRANSIT ADMINISTRATION CLAUSES

AND CERTIFICATIONS FOR CONSTRUCTION CONTRACTS” document.

ITEM No. 3---Provides the Questions and Answers document.

All other terms and conditions remain unchanged.

Sincerely, Ebony Reddick

Procurement Manager, Construction

Office of Procurement

Maryland Transit Administration

Acknowledgement of receipt of Addendum No. 1 to T-1615-0150.

Vendor Name: ___________________________________________________________

Authorized Representative’s Signature Date

This is the end of Addendum No. 1

FEDERAL TRANSIT ADMINISTRATION CLAUSES AND CERTIFICATIONS

FOR CONSTRUCTION CONTRACTS

1. NOTIFICATION OF FEDERAL PARTICIPATION FOR STATES

Notice is hereby given that this Contract is funded in part by the Federal government. The following information is provided:

(1) Federal Transit Administration (FTA) is or will be the Federal agency providing the

Federal funds for this Contract.

(2) The Catalog of Federal Domestic Assistance (CFDA) Number of the Program from which the Federal funding is or will be authorized is entered in the solicitation.

(3) Unless otherwise stated in the solicitation, the amount of federal funds FTA provides will not exceed 80 percent of project costs.

2. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

The Maryland Transit Administration (MTA) and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the Solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the MTA, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.

The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

3. FALSE STATEMENTS OR CLAIMS, CIVIL AND CRIMINAL FRAUD

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of

1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. Department of Transportation (U.S. DOT) regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the

Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a

Contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA, the Government reserves the right to impose the penalties of 18 U.S.C.

§ 1001 and other applicable law on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

4. ACCESS TO THIRD PARTY CONTRACT RECORDS

The Contractor agrees to provide the MTA, U.S. DOT, FTA, Comptroller General, or any of their authorized representatives, including any Project Management Oversight (PMO) contractor, access to the Contractor's records related to the performance of the Contract for the purposes of conducting an audit and inspection. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this

Contract for a period of not less than three years after the date of termination or expiration of this

Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the conclusion of all such litigation, appeals, claims or exceptions related thereto.

Contractor shall grant access to any of the foregoing parties or their representatives to work sites for projects receiving federal financial assistance.

5. INCORPORATION OF FTA TERMS AND CHANGES TO FEDERAL

REQUIREMENTS

The preceding provisions include, in part, certain standard terms and conditions required by the

U.S. DOT and FTA, whether or not expressly set forth in the Contract provisions. All contractual provisions required by U.S. DOT and FTA, as set forth in FTA Circular 4220.1F and other guidance (including any successors, amendments, or updates) are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all U.S. DOT and FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this

Contract. The Contractor shall not perform any act, fail to perform any act or refuse to comply with any MTA requests that would cause the MTA to be in violation of the FTA or U.S. DOT terms and conditions.

The Contractor shall at all times comply with all applicable U.S. DOT and FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the MTA and the FTA, as they may be amended or promulgated from time to time during the term of this Contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

6. CIVIL RIGHTS REQUIREMENTS

(1) Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d; Age Discrimination in Employment Act, as amended, 42 U.S.C. §

6102; Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132; and

Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable

Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying Contract:

(a) Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the Civil

Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.

§ 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect work under the Contract. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the

Contractor agrees to comply with any applicable implementing requirements FTA may issue.

(b) Age: In accordance with the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any applicable implementing requirements FTA may issue.

(c) Disabilities: In accordance the Rehabilitation Act of 1973, as amended, 29 U.S.C. §

794; the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.; the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.; and

Federal transit law at 49 U.S.C. § 5332; the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any applicable implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by the FTA, modified only if necessary to identify the affected parties.

7. DISADVANTAGED BUSINESS ENTERPRISES (DBE)

(1) This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part

26, Participation by Disadvantaged Business Enterprises in Department of Transportation

Financial Assistance Programs.

(2) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of this U.S. DOT-assisted Contract.

Failure by the Contractor to carry out these requirements is a material breach of this

Contract, which may result in the termination of this Contract or such other remedy as the

MTA deems appropriate, which may include, but is not limited to:

(a) Withholding monthly progress payments;

(b) Assessing sanctions;

(c) Liquidated damages; and/or

(d) Disqualifying the Contractor from future bidding as non-responsive

Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 C.F.R. § 26.13(b)).

(3) Bidders/Offerors are required to document sufficient DBE participation to meet any established goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 C.F.R. § 26.53.

(4) The Contractor must promptly notify the MTA, whenever a DBE subcontractor required to perform work related to this Contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the MTA.

(5) SPECIAL NOTICE TO BIDDERS/OFFERORS: Bidders or Offerors are required to furnish the names and addresses of firms that submitted quotes with their bids or proposals.

MTA may contact firms requesting the age of the firm and annual gross receipts or revenues. The annual gross receipts or revenues and the age of the firm may have been obtained previously and may not require a request to the prospective or actual subcontractors each time they appear on a contract list.

(6) The Contractor is hereby notified that all Bidders/Offerors that in regard to any contract entered into pursuant to this solicitation, whenever the term “disadvantaged” or “minority” is used, it is understood to include women. The terms “disadvantaged” and “minority” include certified female owned businesses, which will be afforded full opportunity to submit bids or proposals in response to this notice and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

(7) It is the goal of the State of Maryland that DBEs participate in federal-aid contracts. Each contract will be evaluated for the placement of a goal for DBE participation on a contract-by-contract basis.

8. PROMPT PAYMENT OF SUBCONTRACTORS

The Contractor is required to pay its subcontractors performing work related to this Contract for satisfactory performance of that work no later than 30 days after the Contractor’s receipt of payment for that work from the MTA. In addition, the Contractor may hold retainage from its subcontractors, but is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the MTA and Contractor’s receipt of the partial retainage payment related to the subcontractor’s work. To the extent that it is not inconsistent with federal law, all Contractors must also comply with all Maryland law and regulations and provisions of the Contract regarding the prompt payment to subcontractors and release of any retainage.

9. PROHIBITION ON CERTAIN TELECOMMUNICATIONS/ SURVEILLANCE

SERVICES/EQUIPMENT

(1) In accordance with Public Law 115-232, Section 889, and 2 C.F.R. §§ 200.216, 200.471, MTA and Contractor are prohibited from obligating or expending federal grant funds to:

(a) Procure or obtain covered telecommunications equipment or services;

(b) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or

(c) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

(2) “Covered telecommunications equipment or services” means any of the following:

(a) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(b) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua

Technology Company (or any subsidiary or affiliate of such entities);

(c) Telecommunications or video surveillance services provided by such entities or using such equipment;

(d) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the

National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or

(e) Systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(3) By entering this Contract, the Contractor hereby certifies that it will comply with the prohibition on covered telecommunications equipment and services in this section.

Contractor shall not use or provide covered telecommunications equipment and services in the performance of this Contract.

(4) If the Contractor later learns that prohibited telecommunications equipment or services have been supplied, installed, or utilized under this Contract, Contractor shall immediately inform MTA in writing. MTA may treat this as an event of default and require the

Contractor to promptly replace the prohibited telecommunications equipment or systems at the Contractor’s sole cost or take any other actions permitted under the Contract.

(5) The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

10. TERMINATION FOR CONVENIENCE

Provisions included in other Contract documents.

11. TERMINATION FOR CAUSE

12. SUSPENSION AND DEBARMENT

The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on

Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180. As such, the

Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded Contract and are not presently declared by any Federal department or agency to be:

a) Debarred from participation in any federally assisted Award;

b) Suspended from participation in any federally assisted Award;

c) Proposed for debarment from participation in any federally assisted Award;

d) Declared ineligible to participate in any federally assisted Award;

e) Voluntarily excluded from participation in any federally assisted Award; or

f) Disqualified from participation in any federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the MTA. If it is later determined by the MTA that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the MTA, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, Subpart C, as supplemented by 2 C.F.R. Part 1200, while this offer is valid and throughout the period of any Contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower-tier covered transactions. The bidder or proposer further certifies that it shall review SAM at https://www.sam.gov for information on debarred or suspended entities.

13. NOTIFICATION OF LEGAL MATTERS, FRAUD, WASTE, AND ABUSE

If a current or prospective legal matter related to the Contract may affect the Federal Government, MTA must promptly notify the FTA Chief Counsel or FTA Regional Counsel for the Region. The

Contractor agrees to promptly notify MTA of any current or prospective legal matter MTA is not aware so it may comply with its notification obligations. Legal matters that require notification include a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum. Matters that may affect the Federal Government include the Federal Government’s interest in the grant award, any underlying grant agreements or amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

MTA also must promptly notify U.S. DOT Inspector General in addition to the FTA Chief or

Regional Counsel if MTA has knowledge of potential fraud, waste, or abuse occurring on a project receiving assistance from FTA. This notification requirement applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. If any of these matters come to the attention of the Contractor, the

Contractor shall promptly notify MTA so it may notify the appropriate authorities.

14. RESOLUTION OF DISPUTES, BREACHES AND OTHER LITIGATION

15. LOBBYING

Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 C.F.R. Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of

Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. § 1352. Such disclosures are forwarded from tier to tier up to the MTA. The certification form is attached to the Contract documents.

16. CLEAN AIR

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq. The Contractor agrees to report each violation to the MTA and understands and agrees that the MTA will, in turn, report each violation as required to assure notification to the FTA and the appropriate U.S. Environmental

Protection Agency Regional Office.

The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

17. CLEAN WATER

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq. The

Contractor agrees to report each violation to the MTA and understands and agrees that the MTA will, in turn, report each violation as required to assure notification to the FTA and the appropriate

EPA Regional Office.

The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

18. BUY AMERICA/BUILD AMERICA, BUY AMERICA

Buy America. The Contractor agrees to comply with 49 U.S.C. § 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49

C.F.R. § 661.7.

Build America, Buy America Act. Under 2 C.F.R. § 200.322, the Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Construction materials used under this Contract are subject to the domestic preference requirement of the Build

America, Buy America Act, Public Law 117-58, Division G, Title IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for

Infrastructure Projects,” 2 C.F.R. Part 184. In accordance with 2 C.F.R. § 184.2(a), the Contractor shall apply the standards of 49 C.F.R. Part 661 to iron, steel, and manufactured products.

19. CARGO PREFERENCE

The Contractor agrees to use privately owned U.S.-flag commercial vessels to ship at least fifty

(50) percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for U.S.-flag commercial vessels.

Further, the Contractor agrees to furnish within twenty (20) working days following the date of loading for shipments originating within the United States or within thirty (30) working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill of lading in English for each shipment of cargo described in the preceding paragraph to the Office of Cargo Preference Maritime Administration

(MAR-590) 400 Seventh Street, SW Washington DC 20590 and to MTA (through the Contractor in the case of a subcontractor’s bill-of-lading.)

The Contractor agrees to include these requirements in all subcontracts issued pursuant to this

Contract when the subcontract may involve the transport of equipment, material or commodities by ocean vessel.

20. FLY AMERICA

The Contractor agrees to comply with 49 U.S.C. § 40118 (the “Fly America” Act) in accordance with the U.S. General Services Administration’s regulations at 41 C.F.R. Part 301-10, which provide that Contractors on federally funded contracts are required to use U.S. flag air carriers for

U.S. government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. If a foreign air carrier was used, the Contractor shall submit an appropriate certification or memorandum adequately explaining why service by a U.S.

flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

21. RECYCLED PRODUCTS/SOLID WASTE DISPOSAL ACT

The Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962. The requirements of Section

6002 include procuring only items designated in guidelines of the U.S. Environmental Protection

Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

22. SAFE OPERATION OF MOTOR VEHICLES

(1) Seat Belt Use. The Contractor is encouraged to adopt and promote on-the-job seat belt use policies for employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by Contractor or MTA.

(2) Distracted Driving. The Contractor shall adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.

(3) Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal

Acquisition Regulations on the date of subcontract award.

23. TAX LIABILITY AND FELONY CONVICTIONS

By entering this Contract, the Contractor hereby certifies that it does not have any unpaid Federal tax liability and it has not been convicted of any Federal felony within the preceding 24 months.

24. ENERGY CONSERVATION

The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State’s energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

25. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE

For all contracts for National Intelligent Transportation Systems (ITS), as defined by the U.S. DOT

Secretary, the Contractor agrees to conform to the National Intelligent Transportation Systems

(ITS) Architecture and Standards as required by 23 U.S.C. § 512, and follow the provisions of

FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.

26. TRAFFICKING IN PERSONS

In accordance with 22 U.S.C. § 7104, Contractor and its subcontractors or their employees may not:

(1) Engage in severe forms of trafficking in persons during the term of this Contract;

(2) Procure a commercial sex act during the term of this Contract;

(3) Use forced labor in the performance of the Contract; or

(4) Engage in acts the directly support or advance the trafficking in persons.

Contractor shall inform MTA immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. MTA may terminate this Contract for any violation of this section, such right of termination is in addition to all other remedies for noncompliance that are available to the MTA.

27. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS

(1) Minimum wages—

(i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 C.F.R. Part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the

Contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis–Bacon Act (40 U.S.C. § 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(v) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(iii) of this section) and the Davis–Bacon poster (WH–1321) must be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii) Frequently recurring classifications.

(A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 C.F.R. Part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (1)(iii) of this section, provided that:

(1) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

(2) The classification is used in the area by the construction industry; and

(3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

(B) The Administrator will establish wage rates for such classifications in accordance with paragraph (1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

(iii) Conformance.

(A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is used in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

(C) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The

Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(D) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(E) The contracting officer must promptly notify the Contractor of the action taken by the Wage and Hour Division under paragraphs (1)(iii)(C) and (D) of this section. The Contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (1)(iii)(C) or (D) of this section must be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.

(iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(v) Unfunded plans. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis–Bacon

Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(vi) Interest. In the event of a failure to pay all or part of the wages required by the Contract, the

Contractor will be required to pay interest on any underpayment of wages.

(2) Withholding—

(i) Withholding requirements. The MTA, FTA, or U.S DOT may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses of this section for violations of this Contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis–Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the

Contractor under this Contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis–Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a Contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the Contract, or upon the Contractor's failure to submit the required records as discussed in paragraph (3)(iv) of this section, the MTA, FTA or U.S. DOT may on its own initiative and after written notice to the Contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (2)(i) of this section or the Contract Work Hours and Safety

Standards Act provision of this Contract, or both, over claims to those funds by:

(A) A Contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(B) A contracting agency for its reprocurement costs;

(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a

Contractor, or a Contractor's bankruptcy estate;

(D) A Contractor's assignee(s);

(E) A Contractor's successor(s); or

(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. §§ 3901–3907.

(3) Records and certified payrolls—

(i) Basic record requirements—

(A) Length of record retention. All regular payrolls and other basic records must be maintained by the Contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

(B) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. § 3141(2)(B) of the Davis–Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

(C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (1)(v) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40

U.S.C. § 3141(2)(B) of the Davis–Bacon Act, the Contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

(D) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

(ii) Certified payroll requirements—

(A) Frequency and method of submission. The Contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, Contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the FTA or U.S. DOT. The prime Contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.

(B) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph (3)(i)(B) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full

Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

(C) Statement of Compliance. Each certified payroll submitted must be accompanied by a

“Statement of Compliance,” signed by the Contractor or subcontractor, or the Contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

(1) That the certified payroll for the payroll period contains the information required to be provided under paragraph (3)(ii) of this section, the appropriate information and basic records are being maintained under paragraph (3)(i) of this section, and such information and records are correct and complete;

(2) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 C.F.R. Part 3; and

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

(D) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(C) of this section.

(E) Signature. The signature by the Contractor, subcontractor, or the Contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.

(F) Falsification. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. § 1001 and 31 U.S.C. § 3729.

(G) Length of certified payroll retention. The Contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime Contract is completed.

(iii) Contracts, subcontracts, and related documents. The Contractor or subcontractor must maintain this Contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The Contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime Contract is completed.

(iv) Required disclosures and access—

(A) Required record disclosures and access to workers. The Contractor or subcontractor must make the records required under paragraphs (3)(i) through (iii) of this section, and any other documents that the FTA, U.S. DOT or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29

C.F.R. § 5.1, available for inspection, copying, or transcription by authorized representatives of the FTA, U.S. DOT or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

(B) Sanctions for non-compliance with records and worker access requirements. If the

Contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the Contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 C.F.R. § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to the Wage and Hour Division of the Department of Labor

(WHD) within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 C.F.R. Part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the Contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

(C) Required information disclosures. Contractors and subcontractors must maintain the full

Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the MTA or to the Wage and Hour

Division of the Department of Labor. If the Federal agency is not such a party to the contract, the

Contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the FTA, U.S. DOT, the Contractor, or the WHD for purposes of an investigation or other compliance action.

(4) Apprentices and equal employment opportunity—

(i) Apprentices—

(A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they…